Sec 138 &141

Inspite of the clear knowledge of B that A was resigned from the Board of Directors  in 2007 and , making A as a party in the 138 N.I. Act proceedings against the company in the year 2008 will  get A chance  to challenge it in High Court.Only after  getting an order from the High Court A can think of taking further suitable  proceedings against B.Please keep clear accounts and receipts money spent for it. It will help to advance A's case for getting compensation etc.

Regards

Thanks for your reply sir. can A file application now u/s340 in the same court challenging the contents of affidavit filed by B as pre summoning evidence.He is playing with court also fiing wrong affidavit causing problem for A

 i w ill appriciate some more comments.

 there is provision in the Cr.P.C under section 250 for the same and there after u can file civil suit if not satisfied. so far as 340 is concerned it depends upon the facts contained in the application as well the attitude and approach of the court to that extent I am in agreement with the Ld. Colleauge.   

 approaching directly before the high court under 482 for quashing of the complaint it will be difficult as there are number of judgement of the S.C to the extent that Form 32 is the matter of trial.  

Dear All,

1- A process can be issued against how many numbers by a magistrate.? can  additional summons  be called for  / or not ?

2- Fast track appointed courts for Ni Act-138/141,, are meaning less due to intervention of higher courts./ ? Even plea records/ is halted. 

3- Can a process be challanged/ called back/ if money is deposited without order ? Every one should keep going to courts only, truth is defeated by unlawful- rules/ base less & endless argumnets / facts-etc.

4- What is the gradient of compensation/ mental agony/ harasments/ tensions/ ten times/ hundered times/  or more subject to what limits.? pls. Even though the prodent of burden lie with accused. since the definition of punishment is poor hence not to fear? keep bussy in cheats/breach of/ trust / malafide intentions/etc.

5- When higher court at Hi court level is not answerable to supreme court but keeping mounting prressure to lower court with injustice to small mid cap peoples/ citizenz, depriving its legitimate rights under 226/227 articles, how much fair on judicairy part/ should it not be held responsible for negiligance/ careless actions of stay/? pls commects with proper guidance.

**expertised services are required.

Dear Mr. Naresh, after going through your descripttion, I will suggest you to take resort to the recent judgement of Hon'ble Supreme Court i.e. (2009) 10 SCC 48.

NANDKUMAR B.SAWANT.M.COM.LL.B.(MUMBAI),ADVOCATE

MOBILE.09325226691, 09271971251

e.mail.adv.nbsawant@yahoo.co.in

e.mail.nandkumarbs@sify.com

REGARDING THE MATTER KINDLY NOTE THAT

1.IT IS A GOOD CASE , A  SHOULD PREFER APPLICATION TO THE HIGH COURT FOR QUASHING THE COMPLAINT UNDER SECTION 482 OF CRPC.HE SHOULD ENCLOSE THE CERTIFIED COPIES OF COMPLAINT,AND COPY OF RESIGNATION LETTER AND PROOF ABOUT ACKNOWLEDGEMENT OF SAID LETTER BY COMPANY.FURTHER  HE MAY ENCLOSE COPIES OF REPLY SENT TO COMPLAINENT WITH ACKNOWLEDGEMENT PROOF. HE WILL SUCCEED. GOOD LUCK.

2.HONOURABLE HIGH COURT WILL CALL FOR RECORDS OF THE LOWER COURT AND MAY QUASH THE CASE AGAINST A.

3.A CAN FILE A COMPLAINT  IN CRIMINAL COURT UNDER SECTION 500 FOR DEFAMATION AND ALSO FILE A CIVIL SUIT FOR  DEFAMATION AND FOR COMPENSATION AND DAMAGES AND FOR MENTAL TORTURE AND HARASSMENT AGAINT THE SAID PERSON WHO HAS FALSELY INVOLVED HIM IN CASE UNDER SEC.138 OF N.I.ACT . HE WILL SUCCEED.

IN CASE ANY FURTHER HELP IS REQUIRED KINDLY WRITE AND SEND DETAILS OR CALL.

WITH BEST REGARDS TO YOU YOUR FAMILY AND FRIENDS.

THANKING YOU

NANDKUMAR B.SAWANT.M.COM.LL.B.(MUMBAI) ADVOCATE

Dear Mr naresh,

1- No one wud implicate any one else, other then involved,pls.

2- Burden lie on accused, rfr S V Majumdar scc jdmnt.

3- court u/s 482 is not rt in granting stay if requred not moe then weeks/ or two,  reply must must be clear and in time.

Else should be responsible for all cost ,consequences, else to avoid giving dates/ make self assesments pls.

4- rfr Jc Mr Bilal Nzki said, 3.50 lacs cheque bouncing case are in Mumbai alone, bcz you are granting only dates, [without application of mind,] as being said in your courts for many times, its also applies to you.

Alarming note to be noted in bangolre alone on one day 75,000 case for che bouncing id filed.

Its a shameful scenario of Indian democracy, law ministers, all hi court judges remianed silent, with out any hard note.

it is defeating rights of all common citizenz u/s 226/227.is not wrong.

when all are guanteed by Chj Of India, Mr K G Balkrishan under his speech note-press released.

5-The court should collect heavy penalties from accused else shoud pay from its own funds.

no arguments for why  & how courts can give compensations,?

 Pls Do Not fool any more pls.?? enough now.